1. - By the impugned order dated 10.11.2010, the learned trial Court of Additional Civil judge'(Jr. Division) and judicial Magistrate, First Class No. 2, Udaipur City (South), Udaipur in Civil Suit No. 258/2010, Omkar Lal v. Liquidator, Bhupal Co-operative Society Ltd. , for injunction against the Bhupal Co-operative Society Ltd., by the original plaintiff, Omkar Lal, impleaded the Urban Improvement Trust, Udaipur (for short hereinafter referred to as 'UIT, Udaipur') as party-defendant by allowing its application under Order 1, Rule 10 C.P.C.

2. Aggrieved by the same, the petitioners (legal representatives of deceased Omkar Lal, original plaintiff) have approached to this Court by way of present writ petition under Article 227 of the Constitution of India.

3. Mr. R.K. Thanvi, Sr. Advocate assisted by Mr. Narendra Thanvi, learned counsel for the petitioners relying upon the decision of Hon'ble Supreme Court in the case of Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay & Ors. reported in (1992) 2 SCC 524 , submitted that the plaintiffs have not claimed any relief against the UIT, Udaipur and more over, this application was filed in the suit filed in the